SEPTEMBER 12, 2022 - CONSENT AGREEMENT
On August 16, 2010, the EPA issued Permit No. KYV0045 to Respondent.
Permit No. KYV0045 expired on August 16, 2015, and the Respondent has not to date submitted an application to renew permit.
On December 11, 2018, representatives of the EPA conducted a UIC Class V inspection at the Subject Well and determined the status of the Subject Well to be active.
EPA records indicate that the Respondent conducted unauthorized injection into the Subject Well for 382 days over the past five years.
On January 29, 2020, the EPA mailed an Information Request Letter (IRL) pursuant to Section 1445(a) of the SDWA, 42 U.S.C. ? 300j-4(a), to the Respondent via certified mail.
The IRL required a complete response to each of the questions outlined in the IRL by February 28, 2020, in order to be compliant with Section 1445(a) of the SDWA, 42 U.S.C. ? 300j-4(a).
Respondent failed to provide a response to the IRL.
On May 13, 2020, the EPA mailed a Notice of Violation of the Safe Drinking Water Act and Notice
of Opportunity to Show Cause (NOV) letter to the Respondent via certified mail.
On May 19, 2020, the Respondent received the certified NOV letter.
On June 18, 2020, the EPA conducted a show-cause meeting with the Respondent.
On November 4, 2021, the EPA conducted a follow-up show-cause meeting with the Respondent. In
the follow-up show cause meeting, the Respondent agreed to the terms of the proposed settlement.